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Indianapolis Emancipation Attorneys
Section 31-14-11-2 of the Indiana Code requires that parents “pay any reasonable amount for child support.” Usually, if the parents share joint custody, they are presumed to also share in the costs of childcare. Do not assume however this means that no support would be ordered. If one parent spends more time with the children or if there is a noncustodial parent, the noncustodial parent will usually make payments to the custodial parent to help in financing the costs of raising a child. A child support calculation and worksheet is required in all divorce decrees with a detailed explanation as to any deviations. Judges follow the Indiana Child Support Guidelines for determining how much should be paid. They rarely deviate from the guidelines. Once your child turns 19, you may file a petition for emancipation and request that your support obligations be terminated.
Eskew Law’s compassionate Indianapolis family law attorneys are well-versed in Indiana child custody and child support law and can assist you with requesting modification or termination of a child support order. To speak with us, call Eskew Law now at (317) 974-0177.
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Calculating Child Support
When the court is required to intervene and calculate child support, the court uses a calculator. The calculator looks at:
- Weekly gross income from employment and other sources of income
- Amounts paid in child support for prior children as well as the number of subsequent children
- Amounts paid in maintenance
- Number of children
- Work related Childcare expenses
- Health care expenses
- and time spent with each parent
When the court arrives at a figure, a child support order is entered. The parent ordered to pay child support must pay the amount set forth in the order periodically as ordered by the judge. Payments should not be made directly to the other parent but through the clearing house, known as the Indiana State Central Collections Unit, INSCCU. If the parent tasked with paying support violates the order, they may be found in contempt and penalized by the court. If there is a material change in circumstances in one of the factors used in calculating support, either parent can petition to modify the support order. The court will look to see if there’s a 20% deviation from the prior order.
While you are a parent for life, you are not responsible for paying child support for the entirety of your child’s life. Rather, your obligation ends when your child is emancipated. Emancipated means the child is independent and parents are no longer legally required to provide for the child. While in the past, Indiana placed the emancipation age at 21, it is currently 19. This means that once the child turns 19 years old, the parent that pays support may petition to terminate support. Of course, if that parent wishes to continue paying support, they may do so according to the agreement. However, because they are not bound by law to continue, they may modify the support order and terminate their obligation.
At the age of 19, many children are still living at home or are in college. Parents often continue to pay for a child’s necessities, such as shelter or education, when the child turns 19. If you do decide to terminate the support order, you may still be required to pay for college education expenses.
If your child will be turning 19 soon and you do not want to continue paying support, you should act quickly in consulting with a family law attorney about filing a petition to emancipate and terminate the support order. It is usually best to file roughly four weeks prior to their birthday as the court may not have time to hear any contested issues until well after the 19th birthday.
In addition, if your child is 18 years of age and is no longer living in the care or custody of either parent, has married, or is an active duty member of the U.S. Armed forces, you may be able to emancipate prior to their 19th birthday..
Devoted Indianapolis Family Law Attorney Eager to Help You Resolve Your Child Support Disputes
If you have encountered a child support issue, Eskew Law can assist you with disputing a support order, requesting emancipation, or modifying the terms of an order. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule an appointment, call Eskew Law at (317) 974-0177 today.
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